Central Administrative Tribunal - Mumbai
Laxman Mahto vs National Institute Of Fashion ... on 20 February, 2023
CLA, No. Big 2932 Central Ad ninistrative Tribunal Maumbai Bench, Mumbai Monday, this the 29% day of February, 2023 Hon'ble Mr. Justice Ran Jit ¥. More, Chairman Hou'ble Mr. Shri Krishna, Member {A} i Laxman Mahto (Son of Jhari Mahto), date of birth 23,05,199] Age 31 years, 05 months, working ds Driver (Group C Post), Joint Director in the office of National Institute of Fashion Technology, NIFT Campus, Plot No.15, Sector 4 Kharghar, Navi Mumbai 410210 And resident at 47, Sector 2 Karanjade, Panvel, District Rajgadh, State of Maharashtra
2. Santosh Hanuman Dixit (son of Hanumant Vishnu Dixit), Date of birth - 04.92. 1981, age 4] years O8 months, Working as Electrician (Group C past) Estate Officer (Civil) in the Office of National Institute of Fashion Technology NIFT Campus, Plot No. 15, Sector 4 Kharghar, Navi Mumbai 410 210 And residing at Room No. | 04 Building No.J-1, Green Wood Phase-2 Hedutane, Taloja MIDC Panvel, Navi Mumbai 410 208 State of Maharashtra . Applicants (Mr. Rahul G W alla, Advocate).
Versus OLA. NeBlgo7 I, Union of India through Secretary, Govt. of India Ministry of Textiles Govt. of India Udyog Bhawan, Rafi Ahmed Kidwai Marg, Rajpath Area, Centra! Secretariat, New Delhi - 110 901 Z. Director General National Institute of F ashion Technology NIFT Campus, Haus Khas, Near Gulmohar Park, New Dethi -- ] 10.016 3, The Registrar National Institute of Fashion Technology NIFT Campus, Hauz Khas, Near Gulmohar Park, New Delhi -- 119 016 4, The Director National Institute of F ashion Technology Govt. of India, Ministry of Textile, A Premier Institute of Design, Management & Technology, A Statutory body under the NIFT Act, 2006, NIFT Cam pus, Plot No.15, Sector 4.
Khargar, Navi Mumbai 410210 5, The Joint Director National Institute of F ashion Technol ogy Govt. of India, Ministry of Textile, NIFT Campus, Plot No. 15, Sector 4 Kharghar, Navi Mumbai 410 210 . Respondents (Mr. RR Shetty, Advocate) ie Cents "s ;
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2 ge e © se Oa. No Sis.te78 tern Dig is ORDER ORAL) Justice Ranjit V. More:
The applicants have fled this M.A, seeking permission to file the O.A. jointly. For the reasons stated therein, the M.A, is allowed and the applicants are allowed to Ale the O.A, jointly, O.A. No.815/2022 Heard Mr. RG Walia, learned counsel for applicants and Mr. RR Sheity, learned counse! for respondents.
2. The applicants, two in number, have filed this O.A. seeking the following reliefs:
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a) This Hon'ble Tribunal may graciously be pleased to call for the records which led to the impugned act of the Respondents to all-of-a-sudden Prevent the Applicants from working in the Respondent Institute/Organization and accordingly direct the Respondents to immediately allow the Applicants to work in the said Institute by reguiarizing their services w.ef 4.3.2016 with all consequential benefits,
b) = This Hon'ble Tribunal may graciously be pleased to hold and declare that the impugned act of the Respondents of preventing the Applicants from Harm No i6
3. OLA. No. 8182029 working from 30.00.2025 onwards and in not reguiarizine the services of the Applicants js absolutely Hiegal and wrong and accordingly Order and direct the Respondents to regularize the services ofthe Applicants w.ef 4.8.2016.
€) Any other and further orders as this Hon'ble Tribunal may deem fit, proper and necessary in the facts and circumstances of the case,
d) Cost of this Original Application be provided tor,"
On behalf of the rest ondents, the affidavit in re ly Is p ply fled, In paragraphs 3 & 4, following averments are made:-
"3. The respondents submit that their Head Office vide its letter No, NIFT/HO/OA 815 of 2022 dated 20.12.2022 has directed Passing of orders for extension of the long terms contract of the applicants by an additional 3 years from the date on which the contract had veme to an end by afflux of time ie. 04.08.2022 and 08.08.2022, In the meanwhile, the selection committee would he set up after approval thereof by NIPT HO to complete the Process of considering the cases of the applicants for regularisation as per the prevailing recruitment rules of NIFT. .
4. The respondents therefore respectiully pray that this Hon'ble Tribunal he pleased to dispose of the Original Application in the above terms, permitting the respondents to consider the case of the applicants after granting further long term extension of their contract wet. 04.08.2022 ana 08.08.2022 for a period of 3 years for regularisation of their services as per rules and prevailing recruitment rules. In the unlikely event of the applicants being continuing to be ageneved by the fates CLA. No Br sragee clons of the Fesponcents, the applicants may be free 1 tO ventilate their grievances by wa y of a fresh OLA. | ifrequired. The respondents pray accordingly,"
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5. In terms of the everments Quoted above, Mr. R R Shetty, learned counsel for respondents makes a Statement at the Bar that the extension to the applicants has been ordered to be granted by the Head of Office on iong term contract basis for a period of thres years, °. After going through the relief Claimed by the applicants in the O.A. and the averments noted above, if is clear that the cases of the applicants for regularization are under active consideration by the respondents and the issue would be decided before the end of the contract. The averments further show that in the event the applicants' request for regularization js nol acceded to, they are at liberty to file fresh OLA.
& In the light of above averments made by the respondents, we are of the opinion that the grievance Of the applicants, at this Stage, stands redressed., Accordingly, the ltem Noid OA, A estan: a. Trerymoned ao JGpSEEN, is a ISDOQSEC gf fy ' "SS LP og = if 4 We 3 & a) si} a0aranch aceite? .
& aN 2 approach again in ec:
\ f their request for regu the extended contrac: p No costs.
( Shri Krista fay Member (A) February 20, 2023 fsunil/ case the resnandenis do i A No SE Seog e7 applicants to i not accede to arization before the completion of 'eriod, { Justice Ranjit V. More } Chairman